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California Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for California on
Q: Do I file the request for installment payments for the filing fee at the same time I file with the court.
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

They have a form, which you fill out.

1 Answer | Asked in Bankruptcy for California on
Q: My atty. didn't file most of the papers fo my 341 Mtg., causing a continuance. I'm thinking this should raise red flags?

He only filed my tax returns, and misrepresented to the trustee when he emailed them. The docs were supposed to be filed using something called a DocuLink? Not sure of the spelling. I'm in the Eastern Distrcit of California. Is it possible to change attorneys midstream? Should I even be... View More

Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

These types of thing sometimes happen. As long as the Trustee gets the stuff by the continued meeting this should not be an ongoing problem. Getting a new attorney for a prefiled case can be a complication, as most attorney do not like getting involved with such and those that do are more... View More

1 Answer | Asked in Bankruptcy for California on
Q: How soon will i know if my bankruptcy was rejected?
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

If you have an attorney, he/she should know prior to filing. If you were advise of the possibility or didn't have an attorney, then you would know by the Meeting of Creditors if the Trustee has any issues. Short of not passing the Means Test or filing too soon after a prior case, most other... View More

3 Answers | Asked in Bankruptcy for California on
Q: What type of bankruptcy should you file for if you do not want to lose your house
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

If you can afford the Plan Payments, a Chapter 13 will allow you to keep your home.

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1 Answer | Asked in Bankruptcy for California on
Q: My Ch. 7 bk was discharged. Case will close in 16 days. Can I sue for quiet title in state court when my case is closed

The discharge was given but because of a motion to avoid a lien the case is still open but will probably be closed in a week. I have a quiet title case including fraud with my current lender and other possible related predatory lending violations

Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

Any causes of action arising prior to the filing of a Bky case must be listed in the Petition and specifically abandoned by the Trustee, for the Debtor to subsequently pursue the matter. If it was not, you should reopen the Bky to include it.

1 Answer | Asked in Bankruptcy for California on
Q: Can a eviction judgement be included in a chapter 7 BK?
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

The final judgment can be included; however, if the action is prejudgment it may not generally be stayed.

1 Answer | Asked in Bankruptcy for California on
Q: I am owed money by someone filing for bankruptcy, a personal loan. What can I do to protect my rights?
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

Unless there is unexempt property usually a Creditor doesn't receive payment. Even when something is unexempt and administered, Creditors generally only get pennys on the dollar. Unless you can show some fraud in the granting of the loan, the most you can do is file a Proof of Claim and pray.

1 Answer | Asked in Bankruptcy for California on
Q: How can I find out which company has filed for bankruptcy in 2012?
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search.

www.dont-sweat-the-debt.com

1 Answer | Asked in Bankruptcy for California on
Q: Can the bankruptcy trustee take my social security money to repay creditors as a part of my payment plan?

I filed for Chapter 13 August 31st, and I have a confirmation court date this month. When I filed I wasn't planning on retiring. However, my company just offered an incentive to retire, and I have decided to retire February 1st, 2013 (I'm 66). Subsequently, I filed for my Social Security.... View More

Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

The drafting of a Plan is generally the Debtor's duty. Though SS is not used as part of the Means Test, it can be used to fund a Plan.

1 Answer | Asked in Bankruptcy for California on
Q: I am filing Ch. 7. My mother has the mortgage in her name and I have a transfer change of ownership in my name

How do I list the property? Do i claim that the house is mine if the loan is not in my name. Schedule A

Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

You own the property, she merely has a lien. The property would be listed on Sch A and the loan on Sch D. Unless you can show property documentation and a regular payments history, the Trustee may have a problem with the situation.

1 Answer | Asked in Bankruptcy for California on
Q: How much does it cost to file bankruptcy for a single mother
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

Fees vary case to case based upon the amount of work required. In the South Florida area chapter 7 cases generally start at $1,500 for an experienced Bky atty. Some attorneys, like myself offer specials and discounts. The Filing fee in our area is $305. If you cannot afford such a fee, you... View More

1 Answer | Asked in Bankruptcy for California on
Q: Can the landlord of a commercial lease ask to see bank statements?
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

This is not a Bky Question, however if it is a term of the lease yes.

1 Answer | Asked in Bankruptcy for California on
Q: My father is retired and owes more then 8000 dollars in hospital bills. Should he file for chapter 7 bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More

2 Answers | Asked in Bankruptcy for California on
Q: Can I sue credit agencies along with Mortgage Company?

Filed BK in 2008, did not include home in BK. Mortgages show up on my credit ratings as if they were included in BK and show a zero balance along with Bad mark for BK. Still paying on both 1st & 2nd loans and are current but I cannot get the credit agency or Mortgage Co. to correct problem. The... View More

Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.

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2 Answers | Asked in Bankruptcy for California on
Q: The judge in our bankrupcy case discharged our mortgage loan.Is this legal?
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

If you did not reaffirm the Mortgage, yes it can be Discharged. However, you can subsequently enter into an agreement post-discharge, if the lender is willing. This is frequently how Modifications operate.

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1 Answer | Asked in Bankruptcy for California on
Q: How to check the final results of a bankruptcy case
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

If you were a party of the action, you should received a copy via mail. Alternatively, you can Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search.

1 Answer | Asked in Bankruptcy for California on
Q: I am looking to see if a specific business has filed for bankruptcy, how do I do that? thanks.

The business is located in Downey, CA

Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

Sign up for pacer, it is a free govt svs, as long as you use less than $15 a calender quarter. Then sign on at the District Court's Bky Site for the specific district and preform a search.

1 Answer | Asked in Bankruptcy for California on
Q: How do i obgain a copy of a irrovocable bank trust that i have no account number of my deceased mother
Madhu Kalra
Madhu Kalra
answered on Nov 8, 2013

Consider hiring an investigator to discover your mother's irrevocable bank trust. Check county records, if one is recorded.

Consult with an attorney to explore the possibility of discovering assets.

1 Answer | Asked in Bankruptcy for California on
Q: Is it possible to file a claim against a petitioner in bankruptcy after the hearing date has been set, Quality Hm. Loans
Madhu Kalra
Madhu Kalra
answered on Nov 8, 2013

Do you mean adversary complaint against the debtor for non-dischargeability of claim. ON the hearing notice , 341(a) meeting, there is usually deadline to file complaint for dischargeability of claim.

I would recommend contacting an attorney to seek case specific advise at your earliest.

1 Answer | Asked in Bankruptcy for California on
Q: Can HOA sue for past due fees after foreclosure?

Was forced to walk away from my home in 2009. Bank didn't finish foreclosure until 2013. Property was sold to new oner. Now HOA is coming after me for past due fees for three years. Shouldn't that have been taken care of when the bank sold the property?

Madhu Kalra
Madhu Kalra
answered on Nov 8, 2013

Yes

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